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Dolly Kantibhai Patel vs Ballu Tukaram Auhad And Ors.

Supreme Court Of India|07 April, 2000

JUDGMENT / ORDER

ORDER K.T Thomas and R.P. Sethi, JJ.
1. Heard both sides.
2. A claim for compensation has been filed by this petitioner before the Motor Accident Claims Tribunal, Nasik (Maharashtra). The petitioner who sustained many injuries has gone back to United States thereafter where he was living earlier. This petition is for transferring the aforesaid claim from M.A.C.T. Nasik to Vadodara (Gujarat) on the ground that there is none else at Nasik to prosecute the claim on behalf of the injured petitioner. It is said that all the other occupants of the vehicle who were involved in the accident hailed from Vadodara (Gujarat) and the power of attorney holder of the petitioner is also a resident of Vadodara itself. The respondent - Insurance Company has its own branch office at Vadodara and, therefore, it would be convenient for the respondent for resisting the claim.
3. For these reasons, we deem it just and proper to allow the transfer prayed for. Accordingly, we order M.A.C.P. No. 499/1993 titled as Dolly Kantibhai Patelv. Balu Tukaram Auhad and Ors. Pending before the M.A.C.T. Nasik (Mah.) to be transferred to the Principal M.A.C.T. Vadodara. The application for impleading legal heirs of respondent No. 2 can be followed up before the transferee court.
4. Hence this Transfer Petition is allowed.
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Title

Dolly Kantibhai Patel vs Ballu Tukaram Auhad And Ors.

Court

Supreme Court Of India

JudgmentDate
07 April, 2000
Judges
  • K Thomas
  • R Sethi